Common use of CO2 Disposal Clause in Contracts

CO2 Disposal. To the extent that LMM removes CO2 from Shipper’s Gas or otherwise generates CO2 from stationary sources which are part of the Gathering System in providing services to Shipper as set forth herein, and disposes of Shipper’s CO2 by venting, if venting Shipper’s CO2 is ever disallowed for any reason, is taxed, or is deemed to be uneconomic by LMM, Shipper shall make alternate arrangements to dispose of Shipper’s CO2 at Shipper’s sole cost and expense and shall reimburse LMM for any costs incurred by LMM in delivering Shipper’s CO2. Except to the extent caused by LMM’s negligence or willful misconduct, Shipper shall release, indemnify and defend LMM from and against any and all damages, claims, actions, expenses, penalties and liabilities, including attorney’s fees, arising from personal injury, death, property damage, environmental damage, taxes, pollution, or contamination relating to the disposal of Shipper’s CO2 by either venting or the alternate arrangement(s) selected by Shipper. The foregoing shall not apply to the extent that LMM takes title to Shipper’s CO2 pursuant to separate written agreement.

CO2 Disposal. To the extent that LMM removes CO2 from Shipper’s Gas or otherwise generates CO2 from stationary sources which are part of the Gathering System in providing services to Shipper as set forth herein, and disposes of Shipper’s CO2 by venting, if venting Shipper’s CO2 is ever disallowed for any reason, is taxed, or is deemed to be uneconomic by LMM, Shipper shall make alternate arrangements to dispose of Shipper’s CO2 at Shipper’s sole cost and expense and shall reimburse LMM for any costs incurred by LMM in delivering Shipper’s CO2. Except to the extent caused by LMM’s negligence or willful misconduct, Shipper shall release, indemnify and defend LMM from and against any and all damages, claims, actions, expenses, penalties and liabilities, including attorney’s fees, arising from personal injury, death, property damage, environmental damage, taxes, pollution, or contamination relating to the disposal of Shipper’s CO2 by either venting or the alternate arrangement(s) selected by Shipper. The foregoing shall not apply to the extent that LMM takes title to Shipper’s CO2 pursuant to separate written agreement.. GAS GATHERING AGREEMENT (LEGACY APPALACHIAN SYSTEM) PAGE 7

CO2 Disposal. To the extent that LMM removes CO2 from Shipper’s Gas or otherwise generates CO2 from stationary sources which are part of the Gathering System in providing services to Shipper as set forth herein, and disposes of Shipper’s CO2 by venting, if venting Shipper’s CO2 is ever disallowed for any reason, is taxed, or is deemed to be uneconomic by LMM, Shipper shall make alternate arrangements to dispose of Shipper’s CO2 at Shipper’s sole cost and expense and shall reimburse LMM for any costs incurred by LMM in delivering Shipper’s CO2. Except to the extent caused by LMM’s negligence or willful misconduct, Shipper shall release, indemnify and defend LMM from and against any and all damages, claims, actions, expenses, penalties and liabilities, including attorney’s fees, arising from personal injury, death, property damage, environmental damage, taxes, pollution, or contamination relating to the disposal of Shipper’s CO2 by either venting or the alternate arrangement(s) selected by Shipper. The foregoing shall not apply to the extent that LMM takes title to Shipper’s CO2 pursuant to separate written agreement. GAS GATHERING AGREEMENT (LEGACY APPALACHIAN SYSTEM) PAGE 7 C.5 Gas Quality at Delivery Point(s). Subject to Shipper’s performance under Section C.1 and Article 3 of this Agreement, Gas delivered by LMM at the Delivery Point(s) shall conform to the most restrictive quality specifications required from time to time by the Interconnecting Pipeline(s).